US environmental policy

When Congress opened U.S. public lands for mining in 1872, the nation was less than a century old. Miners used picks, shovels and pressurized water hoses to pry loose valuable minerals like gold and silver. Today, mining is a high-technology industry, but it is still governed by the Mining Law of 1872. As was true 150 years ago, companies can mine valuable mineral deposits from federal lands without paying any royalties to the U.S. Treasury. Even when lands that formerly were available for mining receive new protected status as national parks or monuments, the 1872 mining law protects existing mining claims on those lands. That’s why a company called Energy Fuels Inc. just started mining uranium in January 2024 at a site in Arizona 10 miles from the Grand Canyon and inside a new national monument. Gold prospectors mining at Lake Coeur d'Alene, Idaho, circa 1885. Graphic House/Archive Photos via Getty Images...

Plastic is a fast-growing segment of U.S. municipal solid waste, and most of it ends up in the environment. Just 9% of plastic collected in municipal solid waste was recycled as of 2018, the most recent year for which national data is available. The rest was burned in waste-to-energy plants or buried in landfills. Manufacturers assert that better recycling is the optimal way to reduce plastic pollution. But critics argue that the industry often exaggerates how readily items can actually be recycled. In September 2024, beverage company Keurig Dr Pepper was fined US$1.5 million for inaccurately claiming that its K-Cup coffee pods were recyclable after two large recycling companies said they could not process the cups. California is suing ExxonMobil, accusing the company of falsely promoting plastic products as recyclable. Environmental law scholar Patrick Parenteau explains why claims about recyclability have confused consumers, and how forthcoming guidelines from the U.S. Federa...

The U.S. Supreme Court opens its new session on Oct. 3, 2022, with a high-profile case that could fundamentally alter the federal government’s ability to address water pollution. Sackett v. EPA turns on a question that courts and regulators have struggled to answer for several decades: Which wetlands and bodies of water can the federal government regulate under the 1972 Clean Water Act? Under this keystone environmental law, federal agencies take the lead in regulating water pollution, while state and local governments regulate land use. Wetlands are areas where land is wet for all or part of the year, so they straddle this division of authority. Swamps, bogs, marshes and other wetlands provide valuable ecological services, such as filtering pollutants and soaking up floodwaters. Landowners must obtain permits to discharge dredged or fill material, such as dirt, sand or rock, in a protected wetland. This can be time-consuming and expensive, which is why the case is of keen...